Ord. No. 2023-10. Bay Meadows Phase II Development Agreement Extension Request.
Approving the First Amendment to the Development Agreement Between the City of San Mateo and Bay Meadows Main Track Investors, LLC in Order to Extend the Development Agreement by Three Years for the Bay Meadows Phase II Project (PA-2023-050)
WHEREAS, the ordinance approving the Bay Meadows Phase II Development Agreement was adopted by the City Council on November 7, 2005, and became effective on December 21, 2005; and
WHEREAS, Bay Meadows Main Track Investors, LLC ("Owner") submitted an application on August 17, 2023 (PA-2023-050) requesting a three-year extension of the Development Agreement, citing the COVID-19 pandemic and its adverse impact on the ability of the Owner to complete the envisioned development on the Property within the allotted timeframe; and
WHEREAS, Section 11.1 of the Development Agreement provides that the parties may amend the Development Agreement by mutual consent in writing, and in the manner provided for in Government Code Section 65868 and Section 8 of the Development Agreement Resolution; and
WHEREAS, the City and Bay Meadows wish to amend the Development Agreement to add three (3) years to the term to facilitate the beneficial development of the Property; and
WHEREAS, the Development Agreement has not been amended or modified except as otherwise indicated in the First Amendment to the Development Agreement, and neither the Owner nor the City is in default in the performance of their respective obligations under the Development Agreement; and
WHEREAS, on October 10, 2023, the Planning Commission held a duly noticed public hearing at which all public comments were considered and recommended that the City Council approve the extension request; and
WHEREAS, on November 6, 2023, the City Council held a duly noticed public hearing at which all public comments were considered.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1.
In accordance with Government Code section 65867.5, the First Amendment to the Development Agreement is consistent with the City's General Plan, the Rail Corridor Transit Oriented Development Plan, and the Bay Meadows Phase II Specific Plan Amendment in that the extension request provides for the orderly implementation of the Development Agreement in accordance with the San Mateo Rail Corridor Transit-Oriented Development Plan and the Bay Meadows Phase II Specific Plan. The extension provides sufficient time for the Owner to complete construction of the final two development blocks, including public improvements, consistent with the approved Site Plan and Architectural Review Modification (PA-2020-053). With the development of the final two development blocks, the overall Bay Meadows Phase II development will be within the allowable range of office uses and residential density as permitted in the Bay Meadows Phase II Specific Plan.
Section 2.
For the reasons set forth in the Administrative Report accompanying the original project approval, the Development Agreement provides substantial public benefits to persons residing or owning property outside the boundaries of the development project, beyond the exactions for public benefits required in the normal development review process under federal, state, or local law.
Section 3.
The City Council approves and authorizes the City Manager to execute the First Amendment to the Development Agreement in substantially the form attached as Exhibit A to this Ordinance. Section 1.5 of the Development Agreement is amended to extend the term to December 20, 2026.
Section 4. Environmental Determination.
On April 18, 2005, a Supplemental Environmental Impact Report to the Rail Corridor Plan Environmental Impact Report was prepared for this Project and the City Council approved the Bay Meadows Specific Plan Amendment and re-certified the Final EIR for that project and adopted the findings and statement of overriding considerations on November 7, 2005 in accordance with Public Resources Code section 21061. Because there are no substantial changes to the project and no new information has become available since the time of the EIR, no further environmental analysis is required.
Section 5. Severability.
In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 6. Publication.
This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 7. Legislative History and Effective Date.
Legislative History and Effective Date. This ordinance was introduced on November 6, 2023, and adopted on November 20, 2023, and shall be effective 30 days after its adoption.
Attachment
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
[For text of First Amendment to the Development Agreement see PDF]
The foregoing ordinance was adopted by the City Council of the City of San Mateo, State of California by the following vote:
| AYES | Council Members Lee, Diaz Nash, Hedges, Loraine and Newsom |
|---|---|
| NOES | None |
| ABSENT | None |
ATTEST:
Attachment
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
[For text of First Amendment to the Development Agreement see PDF]
